IC 20-33-8-0.2 "Bullying"
Sec. 0.2. As used in this chapter, "bullying" means overt, repeated
acts or gestures, including:
(1) verbal or written communications transmitted;
(2) physical acts committed; or
(3) any other behaviors committed;
by a student or group of students against another student with the
intent to harass, ridicule, humiliate, intimidate, or harm the other
student. As added by P.L.106-2005, SEC.6.
IC 20-33-8-0.5 "Physician"
Sec. 0.5. As used in this chapter, "physician" means an individual
licensed to practice medicine or osteopathic medicine under:
(1) IC 25-22.5; or
(2) the law of another state. As added by P.L.1-2005, SEC.17.
IC 20-33-8-1 "Principal"
Sec. 1. As used in this chapter, "principal" includes a principal's
designee. As added by P.L.1-2005, SEC.17.
IC 20-33-8-2 "Educational function"
Sec. 2. As used in this chapter, "educational function" means the
performance by a school corporation or its officers or employees of
an act or a series of acts in carrying out school purposes. As added by P.L.1-2005, SEC.17.
IC 20-33-8-3 "Expulsion"
Sec. 3. (a) As used in this chapter, "expulsion" means a
disciplinary or other action whereby a student:
(1) is separated from school attendance for a period exceeding
ten (10) school days;
(2) is separated from school attendance for the balance of the
current semester or current year unless a student is permitted to
complete required examinations in order to receive credit for
courses taken in the current semester or current year; or
(3) is separated from school attendance for the period
prescribed under section 16 of this chapter, which may include
an assignment to attend an alternative school, an alternative
educational program, or a homebound educational program.
(b) The term does not include situations when a student is:
(1) disciplined under section 25 of this chapter;
(2) removed from school in accordance with IC 20-34-3-9; or
(3) removed from school for failure to comply with the
immunization requirements of IC 20-34-4-5. As added by P.L.1-2005, SEC.17.
IC 20-33-8-4 "School purposes"
Sec. 4. As used in this chapter, "school purposes" refers to the
purposes for which a school corporation operates, including the
following:
(1) To promote knowledge and learning generally.
(2) To maintain an orderly and effective educational system.
(3) To take any action under the authority granted to school
corporations and their governing bodies by IC 20-26-5 or by
any other statute. As added by P.L.1-2005, SEC.17.
IC 20-33-8-5 "School property"
Sec. 5. As used in this chapter, "school property" means the
following:
(1) A building or other structure owned or rented by a school
corporation.
(2) The grounds adjacent to and owned or rented in common
with a building or other structure owned or rented by a school
corporation. As added by P.L.1-2005, SEC.17.
IC 20-33-8-6 "Superintendent" includes superintendent's designee
Sec. 6. As used in this chapter, "superintendent" includes a
superintendent's designee. As added by P.L.1-2005, SEC.17.
IC 20-33-8-7 "Suspension"
Sec. 7. (a) As used in this chapter, "suspension" means any
disciplinary action that does not constitute an expulsion under
section 3 of this chapter, whereby a student is separated from school
attendance for a period of not more than ten (10) school days.
(b) The term does not include a situation in which a student is:
(1) disciplined under section 25 of this chapter;
(2) removed from school in accordance with IC 20-34-3-9; or
(3) removed from school for failure to comply with the
immunization requirements of IC 20-34-4-5. As added by P.L.1-2005, SEC.17.
IC 20-33-8-8 Duty and powers of school corporation to supervise and discipline
students
Sec. 8. (a) Student supervision and the desirable behavior of
students in carrying out school purposes is the responsibility of:
(1) a school corporation; and
(2) the students of a school corporation.
(b) In all matters relating to the discipline and conduct of students,
school corporation personnel:
(1) stand in the relation of parents to the students of the school
corporation;
(2) have the right to take any disciplinary action necessary to
promote student conduct that conforms with an orderly and
effective educational system, subject to this chapter; and
(3) have qualified immunity with respect to a disciplinary action
taken to promote student conduct under subdivision (2) if the
action is taken in good faith and is reasonable.
(c) Students must:
(1) follow responsible directions of school personnel in all
educational settings; and
(2) refrain from disruptive behavior that interferes with the
educational environment. As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009,
SEC.12.
IC 20-33-8-9 Disciplinary powers of teachers and school staff members
Sec. 9. (a) This section applies to an individual who:
(1) is a teacher or other school staff member; and
(2) has students under the individual's charge.
(b) An individual may take any action that is reasonably necessary
to carry out or to prevent an interference with an educational
function that the individual supervises.
(c) Subject to rules of the governing body and the administrative
staff, an individual may remove a student for a period that does not
exceed five (5) school days from an educational function supervised
by the individual or another individual who is a teacher or other
school staff member.
(d) If an individual removes a student from a class under
subsection (c), the principal may place the student in another
appropriate class or placement or into inschool suspension. The
principal may not return the student to the class from which the
student was removed until the principal has met with the student, the
student's teacher, and the student's parents to determine an
appropriate behavior plan for the student. If the student's parents do
not meet with the principal and the student's teacher within a
reasonable amount of time, the student may be moved to another
class at the principal's discretion. As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009,
SEC.13. IC 20-33-8-10 Disciplinary powers of principals
Sec. 10. (a) A principal may take action concerning the principal's
school or a school activity within the principal's jurisdiction that is
reasonably necessary to carry out or prevent interference with an
educational function or school purposes.
(b) Subsection (a) allows a principal to write regulations that
govern student conduct. As added by P.L.1-2005, SEC.17.
IC 20-33-8-11 Disciplinary powers of superintendents and administrative staff
members
Sec. 11. A:
(1) superintendent; or
(2) member of the superintendent's administrative staff, with the
superintendent's approval;
may take any action with respect to all schools within the
superintendent's jurisdiction that is reasonably necessary to carry out
or prevent interference with an educational function or school
purposes. As added by P.L.1-2005, SEC.17.
IC 20-33-8-12 Adoption of discipline rules; publicity requirement; discipline
policy regulations and guidelines; delegation of authority;
rulemaking powers of governing body
Sec. 12. (a) Except as provided under IC 20-33-8-16, the
governing body of a school corporation must do the following:
(1) Establish written discipline rules, which must include a
graduated system of discipline and may include:
(A) appropriate dress codes; and
(B) if applicable, an agreement for court assisted resolution
of school suspension and expulsion cases;
for the school corporation.
(2) Give general publicity to the discipline rules within a school
where the discipline rules apply by actions such as:
(A) making a copy of the discipline rules available to
students and students' parents; or
(B) delivering a copy of the discipline rules to students or
the parents of students.
This publicity requirement may not be construed technically
and is satisfied if the school corporation makes a good faith
effort to disseminate to students or parents generally the text or
substance of a discipline rule.
(b) The:
(1) superintendent of a school corporation; and
(2) principals of each school in a school corporation;
may adopt regulations establishing lines of responsibility and related
guidelines in compliance with the discipline policies of the governing
body.
(c) The governing body of a school corporation may delegate:
(1) rulemaking;
(2) disciplinary; and
(3) other authority;
as reasonably necessary to carry out the school purposes of the
school corporation.
(d) Subsection (a) does not apply to rules or directions concerning
the following:
(1) Movement of students.
(2) Movement or parking of vehicles.
(3) Day to day instructions concerning the operation of a
classroom or teaching station.
(4) Time for commencement of school.
(5) Other standards or regulations relating to the manner in
which an educational function must be administered.
However, this subsection does not prohibit the governing body from
regulating the areas listed in this subsection. As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005,
SEC.22; P.L.66-2009, SEC.3.
IC 20-33-8-13 Possession and self-administration of medication permitted
Sec. 13. (a) Discipline rules adopted under section 12 of this
chapter must provide that a student with a chronic disease or medical
condition may possess and self-administer medication for the chronic
disease or medical condition during the times and in the places set
forth under section 14(b) of this chapter if the following conditions
are met:
(1) The student's parent has filed an authorization with the
student's principal for the student to possess and self-administer
the medication. The authorization must include the statement
described in subdivision (2).
(2) A physician states in writing that:
(A) the student has an acute or chronic disease or medical
condition for which the physician has prescribed medication;
(B) the student has been instructed in how to self-administer
the medication; and
(C) the nature of the disease or medical condition requires
emergency administration of the medication.
(b) The authorization and statement described in subsection (a)
must be filed annually with the student's principal. As added by P.L.1-2005, SEC.17.
IC 20-33-8-13.5 Discipline rules prohibiting bullying required
Sec. 13.5. (a) Discipline rules adopted by the governing body of
a school corporation under section 12 of this chapter must:
(1) prohibit bullying; and
(2) include provisions concerning education, parental
involvement, reporting, investigation, and intervention.
(b) The discipline rules described in subsection (a) must apply
when a student is:
(1) on school grounds immediately before or during school
hours, immediately after school hours, or at any other time
when the school is being used by a school group;
(2) off school grounds at a school activity, function, or event;
(3) traveling to or from school or a school activity, function, or
event; or
(4) using property or equipment provided by the school.
(c) This section may not be construed to give rise to a cause of
action against a person or school corporation based on an allegation
of noncompliance with this section. Noncompliance with this section
may not be used as evidence against a school corporation in a cause
of action. As added by P.L.106-2005, SEC.7.
IC 20-33-8-14 Grounds for suspension or expulsion
Sec. 14. (a) The following are the grounds for student suspension
or expulsion, subject to the procedural requirements of this chapter
and as stated by school corporation rules:
(1) Student misconduct.
(2) Substantial disobedience.
(b) The grounds for suspension or expulsion listed in subsection
(a) apply when a student is:
(1) on school grounds immediately before or during school
hours, or immediately after school hours, or at any other time
when the school is being used by a school group;
(2) off school grounds at a school activity, function, or event;
or
(3) traveling to or from school or a school activity, function, or
event. As added by P.L.1-2005, SEC.17.
IC 20-33-8-15 Unlawful activity by student
Sec. 15. In addition to the grounds specified in section 14 of this
chapter, a student may be suspended or expelled for engaging in
unlawful activity on or off school grounds if:
(1) the unlawful activity may reasonably be considered to be an
interference with school purposes or an educational function; or
(2) the student's removal is necessary to restore order or protect
persons on school property;
including an unlawful activity during weekends, holidays, other
school breaks, and the summer period when a student may not be
attending classes or other school functions. As added by P.L.1-2005, SEC.17.
IC 20-33-8-16 Possession of firearms, deadly weapons, or destructive devices
Sec. 16. (a) As used in this section, "firearm" has the meaning set
forth in IC 35-47-1-5.
(b) As used in this section, "deadly weapon" has the meaning set
forth in IC 35-41-1-8. The term does not include a firearm or
destructive device.
(c) As used in this section, "destructive device" has the meaning
set forth in IC 35-47.5-2-4.
(d) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a firearm or destructive device to
school or on school property; or
(2) in possession of a firearm or destructive device on school
property;
must be expelled for at least one (1) calendar year, with the return of
the student to be at the beginning of the first school semester after
the end of the one (1) year period.
(e) The superintendent may, on a case by case basis, modify the
period of expulsion under subsection (d) for a student who is
expelled under this section.
(f) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a deadly weapon to school or on
school property; or
(2) in possession of a deadly weapon on school property;
may be expelled for not more than one (1) calendar year.
(g) A superintendent or the superintendent's designee shall
immediately notify the appropriate law enforcement agency having
jurisdiction over the property where the school is located if a student
engages in a behavior described in subsection (d). The
superintendent may give similar notice if the student engages in a
behavior described in subsection (f). Upon receiving notification
under this subsection, the law enforcement agency shall begin an
investigation and take appropriate action.
(h) A student with disabilities (as defined in IC 20-35-7-7) who
possesses a firearm on school property is subject to procedural
safeguards under 20 U.S.C. 1415. As added by P.L.1-2005, SEC.17.
IC 20-33-8-17 Student's legal settlement not in attendance area
Sec. 17. A student may be expelled from school if the student's
legal settlement is not in the attendance area of the school
corporation where the student is enrolled. As added by P.L.1-2005, SEC.17.
IC 20-33-8-18 Maximum term of suspension; procedure
Sec. 18. (a) A principal may suspend a student for not more than
ten (10) school days under section 14, 15, or 16 of this chapter.
However, the student may be suspended for more than ten (10)
school days under section 23 of this chapter.
(b) A principal may not suspend a student before the principal
affords the student an opportunity for a meeting during which the
student is entitled to the following:
(1) A written or an oral statement of the charges against the
student.
(2) If the student denies the charges, a summary of the evidence
against the student.
(3) An opportunity for the student to explain the student's
conduct.
(c) When misconduct requires immediate removal of a student,
the meeting under subsection (b) must begin as soon as reasonably
possible after the student's suspension.
(d) Following a suspension, the principal shall send a written
statement to the parent of the suspended student describing the
following:
(1) The student's misconduct.
(2) The action taken by the principal. As added by P.L.1-2005, SEC.17.
IC 20-33-8-19 Expulsion procedure; appeals
Sec. 19. (a) A superintendent of a school corporation may conduct
an expulsion meeting or appoint one (1) of the following to conduct
an expulsion meeting:
(1) Legal counsel.
(2) A member of the administrative staff if the member:
(A) has not expelled the student during the current school
year; and
(B) was not involved in the events giving rise to the
expulsion.
The superintendent or a person designated under this subsection may
issue subpoenas, compel the attendance of witnesses, and administer
oaths to persons giving testimony at an expulsion meeting.
(b) An expulsion may take place only after the student and the
student's parent are given notice of their right to appear at an
expulsion meeting with the superintendent or a person designated
under subsection (a). Notice of the right to appear at an expulsion
meeting must:
(1) be made by certified mail or by personal delivery;
(2) contain the reasons for the expulsion; and
(3) contain the procedure for requesting an expulsion meeting.
(c) The individual conducting an expulsion meeting:
(1) shall make a written summary of the evidence heard at the
expulsion meeting;
(2) may take action that the individual finds appropriate; and
(3) must give notice of the action taken under subdivision (2) to
the student and the student's parent.
(d) If the student or the student's parent not later than ten (10)
days of receipt of a notice of action taken under subsection (c) makes
a written appeal to the governing body, the governing body:
(1) shall hold a meeting to consider:
(A) the written summary of evidence prepared under
subsection (c)(1); and
(B) the arguments of the principal and the student or the
student's parent;
unless the governing body has voted under subsection (f) not to
hear appeals of actions taken under subsection (c); and
(2) may take action that the governing body finds appropriate.
The decision of the governing body may be appealed only under
section 21 of this chapter.
(e) A student or a student's parent who fails to request and appear
at an expulsion meeting after receipt of notice of the right to appear
at an expulsion meeting forfeits all rights administratively to contest
and appeal the expulsion. For purposes of this section, notice of the
right to appear at an expulsion meeting or notice of the action taken
at an expulsion meeting is effectively given at the time when the
request or notice is delivered personally or sent by certified mail to
a student and the student's parent.
(f) The governing body may vote to not hear appeals of actions
taken under subsection (c). If the governing body votes to not hear
appeals, subsequent to the date on which the vote is taken, a student
or parent may appeal only under section 21 of this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-20 Maximum term of expulsion; reenrollment in alternative program
after expulsion or exclusion; reinstatement review
Sec. 20. (a) Except as provided in section 16 of this chapter, a
student may not be expelled for a longer period than the remainder
of the school year in which the expulsion took effect if the
misconduct occurs during the first semester. If a student is expelled
during the second semester, the expulsion remains in effect for
summer school and may remain in effect for the first semester of the
following school year, unless otherwise modified or terminated by
order of the governing body. The appropriate authorities may require
that a student who is at least sixteen (16) years of age and who
wishes to reenroll after an expulsion or an exclusion attend an
alternative program.
(b) An expulsion that takes effect more than three (3) weeks
before the beginning of the second semester of a school year must be
reviewed before the beginning of the second semester. The review:
(1) shall be conducted by the superintendent or an individual
designated under section 19(a) of this chapter after notice of the
review has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence of
changes in the student's circumstances occurring since the
original meeting; and
(3) may lead to a recommendation by the person conducting the
review that the student be reinstated for the second semester.
(c) An expulsion that will remain in effect during the first
semester of the following school year must be reviewed before the
beginning of the school year. The review:
(1) shall be conducted by the superintendent or an individual
designated under section 19(a) of this chapter after notice of the
review has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence of
changes in the student's circumstances occurring since the
original meeting; and
(3) may lead to a recommendation by the individual conducting
the review that the student be reinstated for the upcoming
school year. As added by P.L.1-2005, SEC.17.
IC 20-33-8-21 Scope of judicial review
Sec. 21. Judicial review of a governing body's action under this
chapter by the circuit or superior court of the county in which a
student who is the subject of the governing body's action resides is
limited to the issue of whether the governing body acted without
following the procedure required under this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-22 Effectiveness of statute during judicial review
Sec. 22. An expulsion that has been upheld by a governing body
continues in effect during judicial review under section 21 of this
chapter unless:
(1) the court grants a temporary restraining order under the
Indiana Rules of Civil Procedure; and
(2) the school corporation was given the opportunity to appear
at the hearing regarding the temporary restraining order. As added by P.L.1-2005, SEC.17.
IC 20-33-8-23 Suspension pending expulsion decision
Sec. 23. The superintendent or the person designated by the
superintendent under section 19(a) of this chapter may continue
suspension of a student for more than the ten (10) school day period
of the principal's suspension and until the time of the expulsion
decision under section 19 of this chapter if the superintendent or the
designated person determines that the student's continued suspension
will prevent or substantially reduce the risk of:
(1) interference with an educational function or school
purposes; or
(2) a physical injury to the student, other students, school
employees, or visitors to the school.
However, a student may not be suspended from school pending a
meeting on a student's proposed expulsion if the expulsion is ordered
under section 17 of this chapter. As added by P.L.1-2005, SEC.17. IC 20-33-8-24 Requirements for reenrollment after expulsion
Sec. 24. (a) This section applies to a student who:
(1) is at least sixteen (16) years of age; and
(2) wishes to reenroll after an expulsion.
(b) A principal may require a student to attend one (1) or more of
the following:
(1) An alternative school or alternative educational program.
(2) Evening classes.
(3) Classes established for students who are at least sixteen (16)
years of age. As added by P.L.1-2005, SEC.17.
IC 20-33-8-25 Additional disciplinary actions authorized
Sec. 25. (a) This section applies to an individual who:
(1) is a member of the administrative staff, a teacher, or other
school staff member; and
(2) has students under the individual's charge.
(b) An individual may take disciplinary action instead of or in
addition to suspension and expulsion that is necessary to ensure a
safe, orderly, and effective educational environment. Disciplinary
action under this section may include the following:
(1) Counseling with a student or group of students.
(2) Conferences with a parent or group of parents.
(3) Assigning additional work.
(4) Rearranging class schedules.
(5) Requiring a student to remain in school after regular school
hours:
(A) to do additional school work; or
(B) for counseling.
(6) Restricting extracurricular activities.
(7) Removal of a student by a teacher from that teacher's class
for a period not to exceed:
(A) five (5) class periods for middle, junior high, or high
school students; or
(B) one (1) school day for elementary school students;
if the student is assigned regular or additional school work to
complete in another school setting.
(8) Assignment by the principal of:
(A) a special course of study;
(B) an alternative educational program; or
(C) an alternative school.
(9) Assignment by the principal of the school where the
recipient of the disciplinary action is enrolled of not more than
one hundred twenty (120) hours of service with a nonprofit
organization operating in or near the community where the
school is located or where the student resides. The following
apply to service assigned under this subdivision:
(A) A principal may not assign a student under this
subdivision unless the student's parent approves:
(i) the nonprofit organization where the student is
assigned; and
(ii) the plan described in clause (B)(i).
A student's parent may request or suggest that the principal
assign the student under this subdivision.
(B) The principal shall make arrangements for the student's
service with the nonprofit organization. Arrangements must
include the following:
(i) A plan for the service that the student is expected to
perform.
(ii) A description of the obligations of the nonprofit
organization to the student, the student's parents, and the
school corporation where the student is enrolled.
(iii) Monitoring of the student's performance of service by
the principal or the principal's designee.
(iv) Periodic reports from the nonprofit organization to the
principal and the student's parent or guardian of the
student's performance of the service.
(C) The nonprofit organization must obtain liability
insurance in the amount and of the type specified by the
school corporation where the student is enrolled that is
sufficient to cover liabilities that may be incurred by a
student who performs service under this subdivision.
(D) Assignment of service under this subdivision suspends
the implementation of a student's suspension or expulsion.
A student's completion of service assigned under this
subdivision to the satisfaction of the principal and the
nonprofit organization terminates the student's suspension or
expulsion.
(10) Removal of a student from school sponsored
transportation.
(11) Referral to the juvenile court having jurisdiction over the
student.
(c) As used in this subsection, "physical assault" means the
knowing or intentional touching of another person in a rude, insolent,
or angry manner. When a student physically assaults a person having
authority over the student, the principal of the school where the
student is enrolled shall refer the student to the juvenile court having
jurisdiction over the student. However, a student with disabilities (as
defined in IC 20-35-7-7) who physically assaults a person having
authority over the student is subject to procedural safeguards under
20 U.S.C. 1415. As added by P.L.1-2005, SEC.17. Amended by P.L.66-2009, SEC.4.
IC 20-33-8-26 Rules requiring participation in disciplinary action by person
caring for dependent student
Sec. 26. (a) The governing body of a school corporation may
adopt rules that require a person having care of a dependent student
to participate in an action taken under this chapter in connection with
a student's behavior. The rules must include the following:
(1) Procedures for giving actual notice to the person having care
of the dependent student.
(2) A description of the steps that the person must take to
participate in the school corporation's action.
(3) A description of the additional actions in connection with
the student's behavior that are justified in part or in full if the
person does not participate in the school corporation's action.
(b) A dependent student is a child in need of services under
IC 31-34-1-7 if, before the student child becomes eighteen (18) years
of age:
(1) the student's parent fails to participate in a disciplinary
proceeding in connection with the student's improper behavior,
as provided for by this section, if the behavior of the student has
been repeatedly disruptive in the school; and
(2) the student needs care, treatment, or rehabilitation that the
child:
(A) is not receiving; and
(B) is unlikely to be provided or accepted without the
coercive intervention of the court. As added by P.L.1-2005, SEC.17.
IC 20-33-8-27 Supplemental procedures authorized
Sec. 27. The governing body of a school corporation may by rule:
(1) amplify;
(2) supplement; or
(3) extend;
the procedures provided in this chapter in any manner that is
consistent with this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-28 Waiver of rights
Sec. 28. Any rights granted to a student or a student's parent by
this chapter may be waived only by a written instrument signed by
both the student and the student's parent. The waiver is valid if made:
(1) voluntarily; and
(2) with the knowledge of the:
(A) procedures available under this chapter; and
(B) consequences of the waiver. As added by P.L.1-2005, SEC.17.
IC 20-33-8-29 Special schools
Sec. 29. (a) As used in this section, "special school" includes the
following:
(1) A career and technical education school.
(2) A special education school or program.
(3) An alternative school or program.
(b) To the extent possible, this chapter applies to a special school.
(c) The governing body of a special school may make necessary
modifications to the responsibilities of school personnel under this
chapter to accommodate the administrative structure of a special
school.
(d) In addition to a disciplinary action imposed by a special
school, the principal of the school where a student is enrolled may
without additional procedures adopt a disciplinary action or decision
of a special school as a disciplinary action of the school corporation. As added by P.L.1-2005, SEC.17. Amended by P.L.234-2007,
SEC.119.
IC 20-33-8-30 Enrollment in another school corporation or charter school during
period of expulsion or proposed expulsion
Sec. 30. (a) This section applies to the following:
(1) A student who:
(A) is expelled from a school corporation or charter school
under this chapter; or
(B) withdraws from a school corporation or charter school
to avoid expulsion.
(2) A student who:
(A) is required to separate for disciplinary reasons from a
nonpublic school or a school in a state other than Indiana by
the administrative authority of the school; or
(B) withdraws from a nonpublic school or a school in a state
other than Indiana in order to avoid being required to
separate from the school for disciplinary reasons by the
administrative authority of the school.
(b) The student referred to in subsection (a) may enroll in another
school corporation or charter school during the period of the actual
or proposed expulsion or separation if:
(1) the student's parent informs the school corporation in which
the student seeks to enroll and also:
(A) in the case of a student withdrawing from a charter
school that is not a conversion charter school to avoid
expulsion, the conversion charter school; or
(B) in the case of a student withdrawing from a conversion
charter school to avoid expulsion:
(i) the conversion charter school; and
(ii) the school corporation that sponsored the conversion
charter school;
of the student's expulsion, separation, or withdrawal to avoid
expulsion or separation;
(2) the school corporation (and, in the case of a student
withdrawal described in subdivision (1)(A) or (1)(B), the
charter school) consents to the student's enrollment; and
(3) the student agrees to the terms and conditions of enrollment
established by the school corporation (or, in the case of a
student withdrawal described in subdivision (1)(A) or (1)(B),
the charter school or conversion charter school).
(c) If:
(1) a student's parent fails to inform the school corporation of
the expulsion or separation or withdrawal to avoid expulsion or
separation; or
(2) a student fails to follow the terms and conditions of
enrollment under subsection (b)(3);
the school corporation or charter school may withdraw consent and
prohibit the student's enrollment during the period of the actual or
proposed expulsion or separation.
(d) Before a consent is withdrawn under subsection (c) the student
must have an opportunity for an informal meeting before the
principal of the student's proposed school. At the informal meeting,
the student is entitled to:
(1) a written or an oral statement of the reasons for the
withdrawal of the consent;
(2) a summary of the evidence against the student; and
(3) an opportunity to explain the student's conduct.
(e) This section does not apply to a student who is expelled under
section 17 of this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-31 Effect of suspension or expulsion on compulsory attendance laws
Sec. 31. If a student is suspended or expelled from school or from
any educational function under this chapter, the student's absence
from school because of the suspension or expulsion is not a violation
of:
(1) IC 20-33-2; or
(2) any other statute relating to compulsory school attendance. As added by P.L.1-2005, SEC.17.
IC 20-33-8-32 Locker searches
Sec. 32. (a) A school corporation must provide each:
(1) student; and
(2) student's parent;
a copy of the rules of the governing body on searches of students'
lockers and locker contents.
(b) A student who uses a locker that is the property of a school
corporation is presumed to have no expectation of privacy in:
(1) that locker; or
(2) the locker's contents.
(c) In accordance with the rules of the governing body, a principal
may search:
(1) a student's locker; and
(2) the locker's contents;
at any time.
(d) A law enforcement agency having jurisdiction over the
geographic area having a school facility containing a student's locker
may:
(1) at the request of the school principal; and
(2) in accordance with rules of the governing body of the school
corporation;
assist a school administrator in searching a student's locker and the
locker's contents. As added by P.L.1-2005, SEC.17.
IC 20-33-8-33 Duty to submit information to bureau of motor vehicles
Sec. 33. Before February 1 and before October 1 of each year,
except when a hearing has been requested to determine financial
hardship under IC 9-24-2-1(a)(4), a principal shall submit to the
bureau of motor vehicles the pertinent information concerning an
individual's ineligibility under IC 9-24-2-1 to be issued a driver's
license or learner's permit, or concerning the invalidation of a license
or permit under IC 9-24-2-4. As added by P.L.1-2005, SEC.17. Amended by P.L.231-2005,
SEC.44.
IC 20-33-8-34 Disciplinary action for children with disabilities
Sec. 34. (a) Notwithstanding any other law, a suspension, an
expulsion, or another disciplinary action against a student who is a
child with a disability (as defined in IC 20-35-1-2) is subject to the:
(1) procedural requirements of 20 U.S.C. 1415; and
(2) rules adopted by the state board.
(b) The division of special education shall propose rules under
IC 20-35-2-1(b)(5) to the state board for adoption under IC 4-22-2
governing suspensions, expulsions, and other disciplinary action for
a student who is a child with a disability (as defined in IC 20-35-1-2). As added by P.L.1-2005, SEC.17.
IC 20-33-8-0.2 "Bullying"
Sec. 0.2. As used in this chapter, "bullying" means overt, repeated
acts or gestures, including:
(1) verbal or written communications transmitted;
(2) physical acts committed; or
(3) any other behaviors committed;
by a student or group of students against another student with the
intent to harass, ridicule, humiliate, intimidate, or harm the other
student. As added by P.L.106-2005, SEC.6.
IC 20-33-8-0.5 "Physician"
Sec. 0.5. As used in this chapter, "physician" means an individual
licensed to practice medicine or osteopathic medicine under:
(1) IC 25-22.5; or
(2) the law of another state. As added by P.L.1-2005, SEC.17.
IC 20-33-8-1 "Principal"
Sec. 1. As used in this chapter, "principal" includes a principal's
designee. As added by P.L.1-2005, SEC.17.
IC 20-33-8-2 "Educational function"
Sec. 2. As used in this chapter, "educational function" means the
performance by a school corporation or its officers or employees of
an act or a series of acts in carrying out school purposes. As added by P.L.1-2005, SEC.17.
IC 20-33-8-3 "Expulsion"
Sec. 3. (a) As used in this chapter, "expulsion" means a
disciplinary or other action whereby a student:
(1) is separated from school attendance for a period exceeding
ten (10) school days;
(2) is separated from school attendance for the balance of the
current semester or current year unless a student is permitted to
complete required examinations in order to receive credit for
courses taken in the current semester or current year; or
(3) is separated from school attendance for the period
prescribed under section 16 of this chapter, which may include
an assignment to attend an alternative school, an alternative
educational program, or a homebound educational program.
(b) The term does not include situations when a student is:
(1) disciplined under section 25 of this chapter;
(2) removed from school in accordance with IC 20-34-3-9; or
(3) removed from school for failure to comply with the
immunization requirements of IC 20-34-4-5. As added by P.L.1-2005, SEC.17.
IC 20-33-8-4 "School purposes"
Sec. 4. As used in this chapter, "school purposes" refers to the
purposes for which a school corporation operates, including the
following:
(1) To promote knowledge and learning generally.
(2) To maintain an orderly and effective educational system.
(3) To take any action under the authority granted to school
corporations and their governing bodies by IC 20-26-5 or by
any other statute. As added by P.L.1-2005, SEC.17.
IC 20-33-8-5 "School property"
Sec. 5. As used in this chapter, "school property" means the
following:
(1) A building or other structure owned or rented by a school
corporation.
(2) The grounds adjacent to and owned or rented in common
with a building or other structure owned or rented by a school
corporation. As added by P.L.1-2005, SEC.17.
IC 20-33-8-6 "Superintendent" includes superintendent's designee
Sec. 6. As used in this chapter, "superintendent" includes a
superintendent's designee. As added by P.L.1-2005, SEC.17.
IC 20-33-8-7 "Suspension"
Sec. 7. (a) As used in this chapter, "suspension" means any
disciplinary action that does not constitute an expulsion under
section 3 of this chapter, whereby a student is separated from school
attendance for a period of not more than ten (10) school days.
(b) The term does not include a situation in which a student is:
(1) disciplined under section 25 of this chapter;
(2) removed from school in accordance with IC 20-34-3-9; or
(3) removed from school for failure to comply with the
immunization requirements of IC 20-34-4-5. As added by P.L.1-2005, SEC.17.
IC 20-33-8-8 Duty and powers of school corporation to supervise and discipline
students
Sec. 8. (a) Student supervision and the desirable behavior of
students in carrying out school purposes is the responsibility of:
(1) a school corporation; and
(2) the students of a school corporation.
(b) In all matters relating to the discipline and conduct of students,
school corporation personnel:
(1) stand in the relation of parents to the students of the school
corporation;
(2) have the right to take any disciplinary action necessary to
promote student conduct that conforms with an orderly and
effective educational system, subject to this chapter; and
(3) have qualified immunity with respect to a disciplinary action
taken to promote student conduct under subdivision (2) if the
action is taken in good faith and is reasonable.
(c) Students must:
(1) follow responsible directions of school personnel in all
educational settings; and
(2) refrain from disruptive behavior that interferes with the
educational environment. As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009,
SEC.12.
IC 20-33-8-9 Disciplinary powers of teachers and school staff members
Sec. 9. (a) This section applies to an individual who:
(1) is a teacher or other school staff member; and
(2) has students under the individual's charge.
(b) An individual may take any action that is reasonably necessary
to carry out or to prevent an interference with an educational
function that the individual supervises.
(c) Subject to rules of the governing body and the administrative
staff, an individual may remove a student for a period that does not
exceed five (5) school days from an educational function supervised
by the individual or another individual who is a teacher or other
school staff member.
(d) If an individual removes a student from a class under
subsection (c), the principal may place the student in another
appropriate class or placement or into inschool suspension. The
principal may not return the student to the class from which the
student was removed until the principal has met with the student, the
student's teacher, and the student's parents to determine an
appropriate behavior plan for the student. If the student's parents do
not meet with the principal and the student's teacher within a
reasonable amount of time, the student may be moved to another
class at the principal's discretion. As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009,
SEC.13. IC 20-33-8-10 Disciplinary powers of principals
Sec. 10. (a) A principal may take action concerning the principal's
school or a school activity within the principal's jurisdiction that is
reasonably necessary to carry out or prevent interference with an
educational function or school purposes.
(b) Subsection (a) allows a principal to write regulations that
govern student conduct. As added by P.L.1-2005, SEC.17.
IC 20-33-8-11 Disciplinary powers of superintendents and administrative staff
members
Sec. 11. A:
(1) superintendent; or
(2) member of the superintendent's administrative staff, with the
superintendent's approval;
may take any action with respect to all schools within the
superintendent's jurisdiction that is reasonably necessary to carry out
or prevent interference with an educational function or school
purposes. As added by P.L.1-2005, SEC.17.
IC 20-33-8-12 Adoption of discipline rules; publicity requirement; discipline
policy regulations and guidelines; delegation of authority;
rulemaking powers of governing body
Sec. 12. (a) Except as provided under IC 20-33-8-16, the
governing body of a school corporation must do the following:
(1) Establish written discipline rules, which must include a
graduated system of discipline and may include:
(A) appropriate dress codes; and
(B) if applicable, an agreement for court assisted resolution
of school suspension and expulsion cases;
for the school corporation.
(2) Give general publicity to the discipline rules within a school
where the discipline rules apply by actions such as:
(A) making a copy of the discipline rules available to
students and students' parents; or
(B) delivering a copy of the discipline rules to students or
the parents of students.
This publicity requirement may not be construed technically
and is satisfied if the school corporation makes a good faith
effort to disseminate to students or parents generally the text or
substance of a discipline rule.
(b) The:
(1) superintendent of a school corporation; and
(2) principals of each school in a school corporation;
may adopt regulations establishing lines of responsibility and related
guidelines in compliance with the discipline policies of the governing
body.
(c) The governing body of a school corporation may delegate:
(1) rulemaking;
(2) disciplinary; and
(3) other authority;
as reasonably necessary to carry out the school purposes of the
school corporation.
(d) Subsection (a) does not apply to rules or directions concerning
the following:
(1) Movement of students.
(2) Movement or parking of vehicles.
(3) Day to day instructions concerning the operation of a
classroom or teaching station.
(4) Time for commencement of school.
(5) Other standards or regulations relating to the manner in
which an educational function must be administered.
However, this subsection does not prohibit the governing body from
regulating the areas listed in this subsection. As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005,
SEC.22; P.L.66-2009, SEC.3.
IC 20-33-8-13 Possession and self-administration of medication permitted
Sec. 13. (a) Discipline rules adopted under section 12 of this
chapter must provide that a student with a chronic disease or medical
condition may possess and self-administer medication for the chronic
disease or medical condition during the times and in the places set
forth under section 14(b) of this chapter if the following conditions
are met:
(1) The student's parent has filed an authorization with the
student's principal for the student to possess and self-administer
the medication. The authorization must include the statement
described in subdivision (2).
(2) A physician states in writing that:
(A) the student has an acute or chronic disease or medical
condition for which the physician has prescribed medication;
(B) the student has been instructed in how to self-administer
the medication; and
(C) the nature of the disease or medical condition requires
emergency administration of the medication.
(b) The authorization and statement described in subsection (a)
must be filed annually with the student's principal. As added by P.L.1-2005, SEC.17.
IC 20-33-8-13.5 Discipline rules prohibiting bullying required
Sec. 13.5. (a) Discipline rules adopted by the governing body of
a school corporation under section 12 of this chapter must:
(1) prohibit bullying; and
(2) include provisions concerning education, parental
involvement, reporting, investigation, and intervention.
(b) The discipline rules described in subsection (a) must apply
when a student is:
(1) on school grounds immediately before or during school
hours, immediately after school hours, or at any other time
when the school is being used by a school group;
(2) off school grounds at a school activity, function, or event;
(3) traveling to or from school or a school activity, function, or
event; or
(4) using property or equipment provided by the school.
(c) This section may not be construed to give rise to a cause of
action against a person or school corporation based on an allegation
of noncompliance with this section. Noncompliance with this section
may not be used as evidence against a school corporation in a cause
of action. As added by P.L.106-2005, SEC.7.
IC 20-33-8-14 Grounds for suspension or expulsion
Sec. 14. (a) The following are the grounds for student suspension
or expulsion, subject to the procedural requirements of this chapter
and as stated by school corporation rules:
(1) Student misconduct.
(2) Substantial disobedience.
(b) The grounds for suspension or expulsion listed in subsection
(a) apply when a student is:
(1) on school grounds immediately before or during school
hours, or immediately after school hours, or at any other time
when the school is being used by a school group;
(2) off school grounds at a school activity, function, or event;
or
(3) traveling to or from school or a school activity, function, or
event. As added by P.L.1-2005, SEC.17.
IC 20-33-8-15 Unlawful activity by student
Sec. 15. In addition to the grounds specified in section 14 of this
chapter, a student may be suspended or expelled for engaging in
unlawful activity on or off school grounds if:
(1) the unlawful activity may reasonably be considered to be an
interference with school purposes or an educational function; or
(2) the student's removal is necessary to restore order or protect
persons on school property;
including an unlawful activity during weekends, holidays, other
school breaks, and the summer period when a student may not be
attending classes or other school functions. As added by P.L.1-2005, SEC.17.
IC 20-33-8-16 Possession of firearms, deadly weapons, or destructive devices
Sec. 16. (a) As used in this section, "firearm" has the meaning set
forth in IC 35-47-1-5.
(b) As used in this section, "deadly weapon" has the meaning set
forth in IC 35-41-1-8. The term does not include a firearm or
destructive device.
(c) As used in this section, "destructive device" has the meaning
set forth in IC 35-47.5-2-4.
(d) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a firearm or destructive device to
school or on school property; or
(2) in possession of a firearm or destructive device on school
property;
must be expelled for at least one (1) calendar year, with the return of
the student to be at the beginning of the first school semester after
the end of the one (1) year period.
(e) The superintendent may, on a case by case basis, modify the
period of expulsion under subsection (d) for a student who is
expelled under this section.
(f) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a deadly weapon to school or on
school property; or
(2) in possession of a deadly weapon on school property;
may be expelled for not more than one (1) calendar year.
(g) A superintendent or the superintendent's designee shall
immediately notify the appropriate law enforcement agency having
jurisdiction over the property where the school is located if a student
engages in a behavior described in subsection (d). The
superintendent may give similar notice if the student engages in a
behavior described in subsection (f). Upon receiving notification
under this subsection, the law enforcement agency shall begin an
investigation and take appropriate action.
(h) A student with disabilities (as defined in IC 20-35-7-7) who
possesses a firearm on school property is subject to procedural
safeguards under 20 U.S.C. 1415. As added by P.L.1-2005, SEC.17.
IC 20-33-8-17 Student's legal settlement not in attendance area
Sec. 17. A student may be expelled from school if the student's
legal settlement is not in the attendance area of the school
corporation where the student is enrolled. As added by P.L.1-2005, SEC.17.
IC 20-33-8-18 Maximum term of suspension; procedure
Sec. 18. (a) A principal may suspend a student for not more than
ten (10) school days under section 14, 15, or 16 of this chapter.
However, the student may be suspended for more than ten (10)
school days under section 23 of this chapter.
(b) A principal may not suspend a student before the principal
affords the student an opportunity for a meeting during which the
student is entitled to the following:
(1) A written or an oral statement of the charges against the
student.
(2) If the student denies the charges, a summary of the evidence
against the student.
(3) An opportunity for the student to explain the student's
conduct.
(c) When misconduct requires immediate removal of a student,
the meeting under subsection (b) must begin as soon as reasonably
possible after the student's suspension.
(d) Following a suspension, the principal shall send a written
statement to the parent of the suspended student describing the
following:
(1) The student's misconduct.
(2) The action taken by the principal. As added by P.L.1-2005, SEC.17.
IC 20-33-8-19 Expulsion procedure; appeals
Sec. 19. (a) A superintendent of a school corporation may conduct
an expulsion meeting or appoint one (1) of the following to conduct
an expulsion meeting:
(1) Legal counsel.
(2) A member of the administrative staff if the member:
(A) has not expelled the student during the current school
year; and
(B) was not involved in the events giving rise to the
expulsion.
The superintendent or a person designated under this subsection may
issue subpoenas, compel the attendance of witnesses, and administer
oaths to persons giving testimony at an expulsion meeting.
(b) An expulsion may take place only after the student and the
student's parent are given notice of their right to appear at an
expulsion meeting with the superintendent or a person designated
under subsection (a). Notice of the right to appear at an expulsion
meeting must:
(1) be made by certified mail or by personal delivery;
(2) contain the reasons for the expulsion; and
(3) contain the procedure for requesting an expulsion meeting.
(c) The individual conducting an expulsion meeting:
(1) shall make a written summary of the evidence heard at the
expulsion meeting;
(2) may take action that the individual finds appropriate; and
(3) must give notice of the action taken under subdivision (2) to
the student and the student's parent.
(d) If the student or the student's parent not later than ten (10)
days of receipt of a notice of action taken under subsection (c) makes
a written appeal to the governing body, the governing body:
(1) shall hold a meeting to consider:
(A) the written summary of evidence prepared under
subsection (c)(1); and
(B) the arguments of the principal and the student or the
student's parent;
unless the governing body has voted under subsection (f) not to
hear appeals of actions taken under subsection (c); and
(2) may take action that the governing body finds appropriate.
The decision of the governing body may be appealed only under
section 21 of this chapter.
(e) A student or a student's parent who fails to request and appear
at an expulsion meeting after receipt of notice of the right to appear
at an expulsion meeting forfeits all rights administratively to contest
and appeal the expulsion. For purposes of this section, notice of the
right to appear at an expulsion meeting or notice of the action taken
at an expulsion meeting is effectively given at the time when the
request or notice is delivered personally or sent by certified mail to
a student and the student's parent.
(f) The governing body may vote to not hear appeals of actions
taken under subsection (c). If the governing body votes to not hear
appeals, subsequent to the date on which the vote is taken, a student
or parent may appeal only under section 21 of this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-20 Maximum term of expulsion; reenrollment in alternative program
after expulsion or exclusion; reinstatement review
Sec. 20. (a) Except as provided in section 16 of this chapter, a
student may not be expelled for a longer period than the remainder
of the school year in which the expulsion took effect if the
misconduct occurs during the first semester. If a student is expelled
during the second semester, the expulsion remains in effect for
summer school and may remain in effect for the first semester of the
following school year, unless otherwise modified or terminated by
order of the governing body. The appropriate authorities may require
that a student who is at least sixteen (16) years of age and who
wishes to reenroll after an expulsion or an exclusion attend an
alternative program.
(b) An expulsion that takes effect more than three (3) weeks
before the beginning of the second semester of a school year must be
reviewed before the beginning of the second semester. The review:
(1) shall be conducted by the superintendent or an individual
designated under section 19(a) of this chapter after notice of the
review has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence of
changes in the student's circumstances occurring since the
original meeting; and
(3) may lead to a recommendation by the person conducting the
review that the student be reinstated for the second semester.
(c) An expulsion that will remain in effect during the first
semester of the following school year must be reviewed before the
beginning of the school year. The review:
(1) shall be conducted by the superintendent or an individual
designated under section 19(a) of this chapter after notice of the
review has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence of
changes in the student's circumstances occurring since the
original meeting; and
(3) may lead to a recommendation by the individual conducting
the review that the student be reinstated for the upcoming
school year. As added by P.L.1-2005, SEC.17.
IC 20-33-8-21 Scope of judicial review
Sec. 21. Judicial review of a governing body's action under this
chapter by the circuit or superior court of the county in which a
student who is the subject of the governing body's action resides is
limited to the issue of whether the governing body acted without
following the procedure required under this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-22 Effectiveness of statute during judicial review
Sec. 22. An expulsion that has been upheld by a governing body
continues in effect during judicial review under section 21 of this
chapter unless:
(1) the court grants a temporary restraining order under the
Indiana Rules of Civil Procedure; and
(2) the school corporation was given the opportunity to appear
at the hearing regarding the temporary restraining order. As added by P.L.1-2005, SEC.17.
IC 20-33-8-23 Suspension pending expulsion decision
Sec. 23. The superintendent or the person designated by the
superintendent under section 19(a) of this chapter may continue
suspension of a student for more than the ten (10) school day period
of the principal's suspension and until the time of the expulsion
decision under section 19 of this chapter if the superintendent or the
designated person determines that the student's continued suspension
will prevent or substantially reduce the risk of:
(1) interference with an educational function or school
purposes; or
(2) a physical injury to the student, other students, school
employees, or visitors to the school.
However, a student may not be suspended from school pending a
meeting on a student's proposed expulsion if the expulsion is ordered
under section 17 of this chapter. As added by P.L.1-2005, SEC.17. IC 20-33-8-24 Requirements for reenrollment after expulsion
Sec. 24. (a) This section applies to a student who:
(1) is at least sixteen (16) years of age; and
(2) wishes to reenroll after an expulsion.
(b) A principal may require a student to attend one (1) or more of
the following:
(1) An alternative school or alternative educational program.
(2) Evening classes.
(3) Classes established for students who are at least sixteen (16)
years of age. As added by P.L.1-2005, SEC.17.
IC 20-33-8-25 Additional disciplinary actions authorized
Sec. 25. (a) This section applies to an individual who:
(1) is a member of the administrative staff, a teacher, or other
school staff member; and
(2) has students under the individual's charge.
(b) An individual may take disciplinary action instead of or in
addition to suspension and expulsion that is necessary to ensure a
safe, orderly, and effective educational environment. Disciplinary
action under this section may include the following:
(1) Counseling with a student or group of students.
(2) Conferences with a parent or group of parents.
(3) Assigning additional work.
(4) Rearranging class schedules.
(5) Requiring a student to remain in school after regular school
hours:
(A) to do additional school work; or
(B) for counseling.
(6) Restricting extracurricular activities.
(7) Removal of a student by a teacher from that teacher's class
for a period not to exceed:
(A) five (5) class periods for middle, junior high, or high
school students; or
(B) one (1) school day for elementary school students;
if the student is assigned regular or additional school work to
complete in another school setting.
(8) Assignment by the principal of:
(A) a special course of study;
(B) an alternative educational program; or
(C) an alternative school.
(9) Assignment by the principal of the school where the
recipient of the disciplinary action is enrolled of not more than
one hundred twenty (120) hours of service with a nonprofit
organization operating in or near the community where the
school is located or where the student resides. The following
apply to service assigned under this subdivision:
(A) A principal may not assign a student under this
subdivision unless the student's parent approves:
(i) the nonprofit organization where the student is
assigned; and
(ii) the plan described in clause (B)(i).
A student's parent may request or suggest that the principal
assign the student under this subdivision.
(B) The principal shall make arrangements for the student's
service with the nonprofit organization. Arrangements must
include the following:
(i) A plan for the service that the student is expected to
perform.
(ii) A description of the obligations of the nonprofit
organization to the student, the student's parents, and the
school corporation where the student is enrolled.
(iii) Monitoring of the student's performance of service by
the principal or the principal's designee.
(iv) Periodic reports from the nonprofit organization to the
principal and the student's parent or guardian of the
student's performance of the service.
(C) The nonprofit organization must obtain liability
insurance in the amount and of the type specified by the
school corporation where the student is enrolled that is
sufficient to cover liabilities that may be incurred by a
student who performs service under this subdivision.
(D) Assignment of service under this subdivision suspends
the implementation of a student's suspension or expulsion.
A student's completion of service assigned under this
subdivision to the satisfaction of the principal and the
nonprofit organization terminates the student's suspension or
expulsion.
(10) Removal of a student from school sponsored
transportation.
(11) Referral to the juvenile court having jurisdiction over the
student.
(c) As used in this subsection, "physical assault" means the
knowing or intentional touching of another person in a rude, insolent,
or angry manner. When a student physically assaults a person having
authority over the student, the principal of the school where the
student is enrolled shall refer the student to the juvenile court having
jurisdiction over the student. However, a student with disabilities (as
defined in IC 20-35-7-7) who physically assaults a person having
authority over the student is subject to procedural safeguards under
20 U.S.C. 1415. As added by P.L.1-2005, SEC.17. Amended by P.L.66-2009, SEC.4.
IC 20-33-8-26 Rules requiring participation in disciplinary action by person
caring for dependent student
Sec. 26. (a) The governing body of a school corporation may
adopt rules that require a person having care of a dependent student
to participate in an action taken under this chapter in connection with
a student's behavior. The rules must include the following:
(1) Procedures for giving actual notice to the person having care
of the dependent student.
(2) A description of the steps that the person must take to
participate in the school corporation's action.
(3) A description of the additional actions in connection with
the student's behavior that are justified in part or in full if the
person does not participate in the school corporation's action.
(b) A dependent student is a child in need of services under
IC 31-34-1-7 if, before the student child becomes eighteen (18) years
of age:
(1) the student's parent fails to participate in a disciplinary
proceeding in connection with the student's improper behavior,
as provided for by this section, if the behavior of the student has
been repeatedly disruptive in the school; and
(2) the student needs care, treatment, or rehabilitation that the
child:
(A) is not receiving; and
(B) is unlikely to be provided or accepted without the
coercive intervention of the court. As added by P.L.1-2005, SEC.17.
IC 20-33-8-27 Supplemental procedures authorized
Sec. 27. The governing body of a school corporation may by rule:
(1) amplify;
(2) supplement; or
(3) extend;
the procedures provided in this chapter in any manner that is
consistent with this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-28 Waiver of rights
Sec. 28. Any rights granted to a student or a student's parent by
this chapter may be waived only by a written instrument signed by
both the student and the student's parent. The waiver is valid if made:
(1) voluntarily; and
(2) with the knowledge of the:
(A) procedures available under this chapter; and
(B) consequences of the waiver. As added by P.L.1-2005, SEC.17.
IC 20-33-8-29 Special schools
Sec. 29. (a) As used in this section, "special school" includes the
following:
(1) A career and technical education school.
(2) A special education school or program.
(3) An alternative school or program.
(b) To the extent possible, this chapter applies to a special school.
(c) The governing body of a special school may make necessary
modifications to the responsibilities of school personnel under this
chapter to accommodate the administrative structure of a special
school.
(d) In addition to a disciplinary action imposed by a special
school, the principal of the school where a student is enrolled may
without additional procedures adopt a disciplinary action or decision
of a special school as a disciplinary action of the school corporation. As added by P.L.1-2005, SEC.17. Amended by P.L.234-2007,
SEC.119.
IC 20-33-8-30 Enrollment in another school corporation or charter school during
period of expulsion or proposed expulsion
Sec. 30. (a) This section applies to the following:
(1) A student who:
(A) is expelled from a school corporation or charter school
under this chapter; or
(B) withdraws from a school corporation or charter school
to avoid expulsion.
(2) A student who:
(A) is required to separate for disciplinary reasons from a
nonpublic school or a school in a state other than Indiana by
the administrative authority of the school; or
(B) withdraws from a nonpublic school or a school in a state
other than Indiana in order to avoid being required to
separate from the school for disciplinary reasons by the
administrative authority of the school.
(b) The student referred to in subsection (a) may enroll in another
school corporation or charter school during the period of the actual
or proposed expulsion or separation if:
(1) the student's parent informs the school corporation in which
the student seeks to enroll and also:
(A) in the case of a student withdrawing from a charter
school that is not a conversion charter school to avoid
expulsion, the conversion charter school; or
(B) in the case of a student withdrawing from a conversion
charter school to avoid expulsion:
(i) the conversion charter school; and
(ii) the school corporation that sponsored the conversion
charter school;
of the student's expulsion, separation, or withdrawal to avoid
expulsion or separation;
(2) the school corporation (and, in the case of a student
withdrawal described in subdivision (1)(A) or (1)(B), the
charter school) consents to the student's enrollment; and
(3) the student agrees to the terms and conditions of enrollment
established by the school corporation (or, in the case of a
student withdrawal described in subdivision (1)(A) or (1)(B),
the charter school or conversion charter school).
(c) If:
(1) a student's parent fails to inform the school corporation of
the expulsion or separation or withdrawal to avoid expulsion or
separation; or
(2) a student fails to follow the terms and conditions of
enrollment under subsection (b)(3);
the school corporation or charter school may withdraw consent and
prohibit the student's enrollment during the period of the actual or
proposed expulsion or separation.
(d) Before a consent is withdrawn under subsection (c) the student
must have an opportunity for an informal meeting before the
principal of the student's proposed school. At the informal meeting,
the student is entitled to:
(1) a written or an oral statement of the reasons for the
withdrawal of the consent;
(2) a summary of the evidence against the student; and
(3) an opportunity to explain the student's conduct.
(e) This section does not apply to a student who is expelled under
section 17 of this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-31 Effect of suspension or expulsion on compulsory attendance laws
Sec. 31. If a student is suspended or expelled from school or from
any educational function under this chapter, the student's absence
from school because of the suspension or expulsion is not a violation
of:
(1) IC 20-33-2; or
(2) any other statute relating to compulsory school attendance. As added by P.L.1-2005, SEC.17.
IC 20-33-8-32 Locker searches
Sec. 32. (a) A school corporation must provide each:
(1) student; and
(2) student's parent;
a copy of the rules of the governing body on searches of students'
lockers and locker contents.
(b) A student who uses a locker that is the property of a school
corporation is presumed to have no expectation of privacy in:
(1) that locker; or
(2) the locker's contents.
(c) In accordance with the rules of the governing body, a principal
may search:
(1) a student's locker; and
(2) the locker's contents;
at any time.
(d) A law enforcement agency having jurisdiction over the
geographic area having a school facility containing a student's locker
may:
(1) at the request of the school principal; and
(2) in accordance with rules of the governing body of the school
corporation;
assist a school administrator in searching a student's locker and the
locker's contents. As added by P.L.1-2005, SEC.17.
IC 20-33-8-33 Duty to submit information to bureau of motor vehicles
Sec. 33. Before February 1 and before October 1 of each year,
except when a hearing has been requested to determine financial
hardship under IC 9-24-2-1(a)(4), a principal shall submit to the
bureau of motor vehicles the pertinent information concerning an
individual's ineligibility under IC 9-24-2-1 to be issued a driver's
license or learner's permit, or concerning the invalidation of a license
or permit under IC 9-24-2-4. As added by P.L.1-2005, SEC.17. Amended by P.L.231-2005,
SEC.44.
IC 20-33-8-34 Disciplinary action for children with disabilities
Sec. 34. (a) Notwithstanding any other law, a suspension, an
expulsion, or another disciplinary action against a student who is a
child with a disability (as defined in IC 20-35-1-2) is subject to the:
(1) procedural requirements of 20 U.S.C. 1415; and
(2) rules adopted by the state board.
(b) The division of special education shall propose rules under
IC 20-35-2-1(b)(5) to the state board for adoption under IC 4-22-2
governing suspensions, expulsions, and other disciplinary action for
a student who is a child with a disability (as defined in IC 20-35-1-2). As added by P.L.1-2005, SEC.17.
IC 20-33-8-0.2 "Bullying"
Sec. 0.2. As used in this chapter, "bullying" means overt, repeated
acts or gestures, including:
(1) verbal or written communications transmitted;
(2) physical acts committed; or
(3) any other behaviors committed;
by a student or group of students against another student with the
intent to harass, ridicule, humiliate, intimidate, or harm the other
student. As added by P.L.106-2005, SEC.6.
IC 20-33-8-0.5 "Physician"
Sec. 0.5. As used in this chapter, "physician" means an individual
licensed to practice medicine or osteopathic medicine under:
(1) IC 25-22.5; or
(2) the law of another state. As added by P.L.1-2005, SEC.17.
IC 20-33-8-1 "Principal"
Sec. 1. As used in this chapter, "principal" includes a principal's
designee. As added by P.L.1-2005, SEC.17.
IC 20-33-8-2 "Educational function"
Sec. 2. As used in this chapter, "educational function" means the
performance by a school corporation or its officers or employees of
an act or a series of acts in carrying out school purposes. As added by P.L.1-2005, SEC.17.
IC 20-33-8-3 "Expulsion"
Sec. 3. (a) As used in this chapter, "expulsion" means a
disciplinary or other action whereby a student:
(1) is separated from school attendance for a period exceeding
ten (10) school days;
(2) is separated from school attendance for the balance of the
current semester or current year unless a student is permitted to
complete required examinations in order to receive credit for
courses taken in the current semester or current year; or
(3) is separated from school attendance for the period
prescribed under section 16 of this chapter, which may include
an assignment to attend an alternative school, an alternative
educational program, or a homebound educational program.
(b) The term does not include situations when a student is:
(1) disciplined under section 25 of this chapter;
(2) removed from school in accordance with IC 20-34-3-9; or
(3) removed from school for failure to comply with the
immunization requirements of IC 20-34-4-5. As added by P.L.1-2005, SEC.17.
IC 20-33-8-4 "School purposes"
Sec. 4. As used in this chapter, "school purposes" refers to the
purposes for which a school corporation operates, including the
following:
(1) To promote knowledge and learning generally.
(2) To maintain an orderly and effective educational system.
(3) To take any action under the authority granted to school
corporations and their governing bodies by IC 20-26-5 or by
any other statute. As added by P.L.1-2005, SEC.17.
IC 20-33-8-5 "School property"
Sec. 5. As used in this chapter, "school property" means the
following:
(1) A building or other structure owned or rented by a school
corporation.
(2) The grounds adjacent to and owned or rented in common
with a building or other structure owned or rented by a school
corporation. As added by P.L.1-2005, SEC.17.
IC 20-33-8-6 "Superintendent" includes superintendent's designee
Sec. 6. As used in this chapter, "superintendent" includes a
superintendent's designee. As added by P.L.1-2005, SEC.17.
IC 20-33-8-7 "Suspension"
Sec. 7. (a) As used in this chapter, "suspension" means any
disciplinary action that does not constitute an expulsion under
section 3 of this chapter, whereby a student is separated from school
attendance for a period of not more than ten (10) school days.
(b) The term does not include a situation in which a student is:
(1) disciplined under section 25 of this chapter;
(2) removed from school in accordance with IC 20-34-3-9; or
(3) removed from school for failure to comply with the
immunization requirements of IC 20-34-4-5. As added by P.L.1-2005, SEC.17.
IC 20-33-8-8 Duty and powers of school corporation to supervise and discipline
students
Sec. 8. (a) Student supervision and the desirable behavior of
students in carrying out school purposes is the responsibility of:
(1) a school corporation; and
(2) the students of a school corporation.
(b) In all matters relating to the discipline and conduct of students,
school corporation personnel:
(1) stand in the relation of parents to the students of the school
corporation;
(2) have the right to take any disciplinary action necessary to
promote student conduct that conforms with an orderly and
effective educational system, subject to this chapter; and
(3) have qualified immunity with respect to a disciplinary action
taken to promote student conduct under subdivision (2) if the
action is taken in good faith and is reasonable.
(c) Students must:
(1) follow responsible directions of school personnel in all
educational settings; and
(2) refrain from disruptive behavior that interferes with the
educational environment. As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009,
SEC.12.
IC 20-33-8-9 Disciplinary powers of teachers and school staff members
Sec. 9. (a) This section applies to an individual who:
(1) is a teacher or other school staff member; and
(2) has students under the individual's charge.
(b) An individual may take any action that is reasonably necessary
to carry out or to prevent an interference with an educational
function that the individual supervises.
(c) Subject to rules of the governing body and the administrative
staff, an individual may remove a student for a period that does not
exceed five (5) school days from an educational function supervised
by the individual or another individual who is a teacher or other
school staff member.
(d) If an individual removes a student from a class under
subsection (c), the principal may place the student in another
appropriate class or placement or into inschool suspension. The
principal may not return the student to the class from which the
student was removed until the principal has met with the student, the
student's teacher, and the student's parents to determine an
appropriate behavior plan for the student. If the student's parents do
not meet with the principal and the student's teacher within a
reasonable amount of time, the student may be moved to another
class at the principal's discretion. As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009,
SEC.13. IC 20-33-8-10 Disciplinary powers of principals
Sec. 10. (a) A principal may take action concerning the principal's
school or a school activity within the principal's jurisdiction that is
reasonably necessary to carry out or prevent interference with an
educational function or school purposes.
(b) Subsection (a) allows a principal to write regulations that
govern student conduct. As added by P.L.1-2005, SEC.17.
IC 20-33-8-11 Disciplinary powers of superintendents and administrative staff
members
Sec. 11. A:
(1) superintendent; or
(2) member of the superintendent's administrative staff, with the
superintendent's approval;
may take any action with respect to all schools within the
superintendent's jurisdiction that is reasonably necessary to carry out
or prevent interference with an educational function or school
purposes. As added by P.L.1-2005, SEC.17.
IC 20-33-8-12 Adoption of discipline rules; publicity requirement; discipline
policy regulations and guidelines; delegation of authority;
rulemaking powers of governing body
Sec. 12. (a) Except as provided under IC 20-33-8-16, the
governing body of a school corporation must do the following:
(1) Establish written discipline rules, which must include a
graduated system of discipline and may include:
(A) appropriate dress codes; and
(B) if applicable, an agreement for court assisted resolution
of school suspension and expulsion cases;
for the school corporation.
(2) Give general publicity to the discipline rules within a school
where the discipline rules apply by actions such as:
(A) making a copy of the discipline rules available to
students and students' parents; or
(B) delivering a copy of the discipline rules to students or
the parents of students.
This publicity requirement may not be construed technically
and is satisfied if the school corporation makes a good faith
effort to disseminate to students or parents generally the text or
substance of a discipline rule.
(b) The:
(1) superintendent of a school corporation; and
(2) principals of each school in a school corporation;
may adopt regulations establishing lines of responsibility and related
guidelines in compliance with the discipline policies of the governing
body.
(c) The governing body of a school corporation may delegate:
(1) rulemaking;
(2) disciplinary; and
(3) other authority;
as reasonably necessary to carry out the school purposes of the
school corporation.
(d) Subsection (a) does not apply to rules or directions concerning
the following:
(1) Movement of students.
(2) Movement or parking of vehicles.
(3) Day to day instructions concerning the operation of a
classroom or teaching station.
(4) Time for commencement of school.
(5) Other standards or regulations relating to the manner in
which an educational function must be administered.
However, this subsection does not prohibit the governing body from
regulating the areas listed in this subsection. As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005,
SEC.22; P.L.66-2009, SEC.3.
IC 20-33-8-13 Possession and self-administration of medication permitted
Sec. 13. (a) Discipline rules adopted under section 12 of this
chapter must provide that a student with a chronic disease or medical
condition may possess and self-administer medication for the chronic
disease or medical condition during the times and in the places set
forth under section 14(b) of this chapter if the following conditions
are met:
(1) The student's parent has filed an authorization with the
student's principal for the student to possess and self-administer
the medication. The authorization must include the statement
described in subdivision (2).
(2) A physician states in writing that:
(A) the student has an acute or chronic disease or medical
condition for which the physician has prescribed medication;
(B) the student has been instructed in how to self-administer
the medication; and
(C) the nature of the disease or medical condition requires
emergency administration of the medication.
(b) The authorization and statement described in subsection (a)
must be filed annually with the student's principal. As added by P.L.1-2005, SEC.17.
IC 20-33-8-13.5 Discipline rules prohibiting bullying required
Sec. 13.5. (a) Discipline rules adopted by the governing body of
a school corporation under section 12 of this chapter must:
(1) prohibit bullying; and
(2) include provisions concerning education, parental
involvement, reporting, investigation, and intervention.
(b) The discipline rules described in subsection (a) must apply
when a student is:
(1) on school grounds immediately before or during school
hours, immediately after school hours, or at any other time
when the school is being used by a school group;
(2) off school grounds at a school activity, function, or event;
(3) traveling to or from school or a school activity, function, or
event; or
(4) using property or equipment provided by the school.
(c) This section may not be construed to give rise to a cause of
action against a person or school corporation based on an allegation
of noncompliance with this section. Noncompliance with this section
may not be used as evidence against a school corporation in a cause
of action. As added by P.L.106-2005, SEC.7.
IC 20-33-8-14 Grounds for suspension or expulsion
Sec. 14. (a) The following are the grounds for student suspension
or expulsion, subject to the procedural requirements of this chapter
and as stated by school corporation rules:
(1) Student misconduct.
(2) Substantial disobedience.
(b) The grounds for suspension or expulsion listed in subsection
(a) apply when a student is:
(1) on school grounds immediately before or during school
hours, or immediately after school hours, or at any other time
when the school is being used by a school group;
(2) off school grounds at a school activity, function, or event;
or
(3) traveling to or from school or a school activity, function, or
event. As added by P.L.1-2005, SEC.17.
IC 20-33-8-15 Unlawful activity by student
Sec. 15. In addition to the grounds specified in section 14 of this
chapter, a student may be suspended or expelled for engaging in
unlawful activity on or off school grounds if:
(1) the unlawful activity may reasonably be considered to be an
interference with school purposes or an educational function; or
(2) the student's removal is necessary to restore order or protect
persons on school property;
including an unlawful activity during weekends, holidays, other
school breaks, and the summer period when a student may not be
attending classes or other school functions. As added by P.L.1-2005, SEC.17.
IC 20-33-8-16 Possession of firearms, deadly weapons, or destructive devices
Sec. 16. (a) As used in this section, "firearm" has the meaning set
forth in IC 35-47-1-5.
(b) As used in this section, "deadly weapon" has the meaning set
forth in IC 35-41-1-8. The term does not include a firearm or
destructive device.
(c) As used in this section, "destructive device" has the meaning
set forth in IC 35-47.5-2-4.
(d) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a firearm or destructive device to
school or on school property; or
(2) in possession of a firearm or destructive device on school
property;
must be expelled for at least one (1) calendar year, with the return of
the student to be at the beginning of the first school semester after
the end of the one (1) year period.
(e) The superintendent may, on a case by case basis, modify the
period of expulsion under subsection (d) for a student who is
expelled under this section.
(f) Notwithstanding section 20 of this chapter, a student who is:
(1) identified as bringing a deadly weapon to school or on
school property; or
(2) in possession of a deadly weapon on school property;
may be expelled for not more than one (1) calendar year.
(g) A superintendent or the superintendent's designee shall
immediately notify the appropriate law enforcement agency having
jurisdiction over the property where the school is located if a student
engages in a behavior described in subsection (d). The
superintendent may give similar notice if the student engages in a
behavior described in subsection (f). Upon receiving notification
under this subsection, the law enforcement agency shall begin an
investigation and take appropriate action.
(h) A student with disabilities (as defined in IC 20-35-7-7) who
possesses a firearm on school property is subject to procedural
safeguards under 20 U.S.C. 1415. As added by P.L.1-2005, SEC.17.
IC 20-33-8-17 Student's legal settlement not in attendance area
Sec. 17. A student may be expelled from school if the student's
legal settlement is not in the attendance area of the school
corporation where the student is enrolled. As added by P.L.1-2005, SEC.17.
IC 20-33-8-18 Maximum term of suspension; procedure
Sec. 18. (a) A principal may suspend a student for not more than
ten (10) school days under section 14, 15, or 16 of this chapter.
However, the student may be suspended for more than ten (10)
school days under section 23 of this chapter.
(b) A principal may not suspend a student before the principal
affords the student an opportunity for a meeting during which the
student is entitled to the following:
(1) A written or an oral statement of the charges against the
student.
(2) If the student denies the charges, a summary of the evidence
against the student.
(3) An opportunity for the student to explain the student's
conduct.
(c) When misconduct requires immediate removal of a student,
the meeting under subsection (b) must begin as soon as reasonably
possible after the student's suspension.
(d) Following a suspension, the principal shall send a written
statement to the parent of the suspended student describing the
following:
(1) The student's misconduct.
(2) The action taken by the principal. As added by P.L.1-2005, SEC.17.
IC 20-33-8-19 Expulsion procedure; appeals
Sec. 19. (a) A superintendent of a school corporation may conduct
an expulsion meeting or appoint one (1) of the following to conduct
an expulsion meeting:
(1) Legal counsel.
(2) A member of the administrative staff if the member:
(A) has not expelled the student during the current school
year; and
(B) was not involved in the events giving rise to the
expulsion.
The superintendent or a person designated under this subsection may
issue subpoenas, compel the attendance of witnesses, and administer
oaths to persons giving testimony at an expulsion meeting.
(b) An expulsion may take place only after the student and the
student's parent are given notice of their right to appear at an
expulsion meeting with the superintendent or a person designated
under subsection (a). Notice of the right to appear at an expulsion
meeting must:
(1) be made by certified mail or by personal delivery;
(2) contain the reasons for the expulsion; and
(3) contain the procedure for requesting an expulsion meeting.
(c) The individual conducting an expulsion meeting:
(1) shall make a written summary of the evidence heard at the
expulsion meeting;
(2) may take action that the individual finds appropriate; and
(3) must give notice of the action taken under subdivision (2) to
the student and the student's parent.
(d) If the student or the student's parent not later than ten (10)
days of receipt of a notice of action taken under subsection (c) makes
a written appeal to the governing body, the governing body:
(1) shall hold a meeting to consider:
(A) the written summary of evidence prepared under
subsection (c)(1); and
(B) the arguments of the principal and the student or the
student's parent;
unless the governing body has voted under subsection (f) not to
hear appeals of actions taken under subsection (c); and
(2) may take action that the governing body finds appropriate.
The decision of the governing body may be appealed only under
section 21 of this chapter.
(e) A student or a student's parent who fails to request and appear
at an expulsion meeting after receipt of notice of the right to appear
at an expulsion meeting forfeits all rights administratively to contest
and appeal the expulsion. For purposes of this section, notice of the
right to appear at an expulsion meeting or notice of the action taken
at an expulsion meeting is effectively given at the time when the
request or notice is delivered personally or sent by certified mail to
a student and the student's parent.
(f) The governing body may vote to not hear appeals of actions
taken under subsection (c). If the governing body votes to not hear
appeals, subsequent to the date on which the vote is taken, a student
or parent may appeal only under section 21 of this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-20 Maximum term of expulsion; reenrollment in alternative program
after expulsion or exclusion; reinstatement review
Sec. 20. (a) Except as provided in section 16 of this chapter, a
student may not be expelled for a longer period than the remainder
of the school year in which the expulsion took effect if the
misconduct occurs during the first semester. If a student is expelled
during the second semester, the expulsion remains in effect for
summer school and may remain in effect for the first semester of the
following school year, unless otherwise modified or terminated by
order of the governing body. The appropriate authorities may require
that a student who is at least sixteen (16) years of age and who
wishes to reenroll after an expulsion or an exclusion attend an
alternative program.
(b) An expulsion that takes effect more than three (3) weeks
before the beginning of the second semester of a school year must be
reviewed before the beginning of the second semester. The review:
(1) shall be conducted by the superintendent or an individual
designated under section 19(a) of this chapter after notice of the
review has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence of
changes in the student's circumstances occurring since the
original meeting; and
(3) may lead to a recommendation by the person conducting the
review that the student be reinstated for the second semester.
(c) An expulsion that will remain in effect during the first
semester of the following school year must be reviewed before the
beginning of the school year. The review:
(1) shall be conducted by the superintendent or an individual
designated under section 19(a) of this chapter after notice of the
review has been given to the student and the student's parent;
(2) is limited to newly discovered evidence or evidence of
changes in the student's circumstances occurring since the
original meeting; and
(3) may lead to a recommendation by the individual conducting
the review that the student be reinstated for the upcoming
school year. As added by P.L.1-2005, SEC.17.
IC 20-33-8-21 Scope of judicial review
Sec. 21. Judicial review of a governing body's action under this
chapter by the circuit or superior court of the county in which a
student who is the subject of the governing body's action resides is
limited to the issue of whether the governing body acted without
following the procedure required under this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-22 Effectiveness of statute during judicial review
Sec. 22. An expulsion that has been upheld by a governing body
continues in effect during judicial review under section 21 of this
chapter unless:
(1) the court grants a temporary restraining order under the
Indiana Rules of Civil Procedure; and
(2) the school corporation was given the opportunity to appear
at the hearing regarding the temporary restraining order. As added by P.L.1-2005, SEC.17.
IC 20-33-8-23 Suspension pending expulsion decision
Sec. 23. The superintendent or the person designated by the
superintendent under section 19(a) of this chapter may continue
suspension of a student for more than the ten (10) school day period
of the principal's suspension and until the time of the expulsion
decision under section 19 of this chapter if the superintendent or the
designated person determines that the student's continued suspension
will prevent or substantially reduce the risk of:
(1) interference with an educational function or school
purposes; or
(2) a physical injury to the student, other students, school
employees, or visitors to the school.
However, a student may not be suspended from school pending a
meeting on a student's proposed expulsion if the expulsion is ordered
under section 17 of this chapter. As added by P.L.1-2005, SEC.17. IC 20-33-8-24 Requirements for reenrollment after expulsion
Sec. 24. (a) This section applies to a student who:
(1) is at least sixteen (16) years of age; and
(2) wishes to reenroll after an expulsion.
(b) A principal may require a student to attend one (1) or more of
the following:
(1) An alternative school or alternative educational program.
(2) Evening classes.
(3) Classes established for students who are at least sixteen (16)
years of age. As added by P.L.1-2005, SEC.17.
IC 20-33-8-25 Additional disciplinary actions authorized
Sec. 25. (a) This section applies to an individual who:
(1) is a member of the administrative staff, a teacher, or other
school staff member; and
(2) has students under the individual's charge.
(b) An individual may take disciplinary action instead of or in
addition to suspension and expulsion that is necessary to ensure a
safe, orderly, and effective educational environment. Disciplinary
action under this section may include the following:
(1) Counseling with a student or group of students.
(2) Conferences with a parent or group of parents.
(3) Assigning additional work.
(4) Rearranging class schedules.
(5) Requiring a student to remain in school after regular school
hours:
(A) to do additional school work; or
(B) for counseling.
(6) Restricting extracurricular activities.
(7) Removal of a student by a teacher from that teacher's class
for a period not to exceed:
(A) five (5) class periods for middle, junior high, or high
school students; or
(B) one (1) school day for elementary school students;
if the student is assigned regular or additional school work to
complete in another school setting.
(8) Assignment by the principal of:
(A) a special course of study;
(B) an alternative educational program; or
(C) an alternative school.
(9) Assignment by the principal of the school where the
recipient of the disciplinary action is enrolled of not more than
one hundred twenty (120) hours of service with a nonprofit
organization operating in or near the community where the
school is located or where the student resides. The following
apply to service assigned under this subdivision:
(A) A principal may not assign a student under this
subdivision unless the student's parent approves:
(i) the nonprofit organization where the student is
assigned; and
(ii) the plan described in clause (B)(i).
A student's parent may request or suggest that the principal
assign the student under this subdivision.
(B) The principal shall make arrangements for the student's
service with the nonprofit organization. Arrangements must
include the following:
(i) A plan for the service that the student is expected to
perform.
(ii) A description of the obligations of the nonprofit
organization to the student, the student's parents, and the
school corporation where the student is enrolled.
(iii) Monitoring of the student's performance of service by
the principal or the principal's designee.
(iv) Periodic reports from the nonprofit organization to the
principal and the student's parent or guardian of the
student's performance of the service.
(C) The nonprofit organization must obtain liability
insurance in the amount and of the type specified by the
school corporation where the student is enrolled that is
sufficient to cover liabilities that may be incurred by a
student who performs service under this subdivision.
(D) Assignment of service under this subdivision suspends
the implementation of a student's suspension or expulsion.
A student's completion of service assigned under this
subdivision to the satisfaction of the principal and the
nonprofit organization terminates the student's suspension or
expulsion.
(10) Removal of a student from school sponsored
transportation.
(11) Referral to the juvenile court having jurisdiction over the
student.
(c) As used in this subsection, "physical assault" means the
knowing or intentional touching of another person in a rude, insolent,
or angry manner. When a student physically assaults a person having
authority over the student, the principal of the school where the
student is enrolled shall refer the student to the juvenile court having
jurisdiction over the student. However, a student with disabilities (as
defined in IC 20-35-7-7) who physically assaults a person having
authority over the student is subject to procedural safeguards under
20 U.S.C. 1415. As added by P.L.1-2005, SEC.17. Amended by P.L.66-2009, SEC.4.
IC 20-33-8-26 Rules requiring participation in disciplinary action by person
caring for dependent student
Sec. 26. (a) The governing body of a school corporation may
adopt rules that require a person having care of a dependent student
to participate in an action taken under this chapter in connection with
a student's behavior. The rules must include the following:
(1) Procedures for giving actual notice to the person having care
of the dependent student.
(2) A description of the steps that the person must take to
participate in the school corporation's action.
(3) A description of the additional actions in connection with
the student's behavior that are justified in part or in full if the
person does not participate in the school corporation's action.
(b) A dependent student is a child in need of services under
IC 31-34-1-7 if, before the student child becomes eighteen (18) years
of age:
(1) the student's parent fails to participate in a disciplinary
proceeding in connection with the student's improper behavior,
as provided for by this section, if the behavior of the student has
been repeatedly disruptive in the school; and
(2) the student needs care, treatment, or rehabilitation that the
child:
(A) is not receiving; and
(B) is unlikely to be provided or accepted without the
coercive intervention of the court. As added by P.L.1-2005, SEC.17.
IC 20-33-8-27 Supplemental procedures authorized
Sec. 27. The governing body of a school corporation may by rule:
(1) amplify;
(2) supplement; or
(3) extend;
the procedures provided in this chapter in any manner that is
consistent with this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-28 Waiver of rights
Sec. 28. Any rights granted to a student or a student's parent by
this chapter may be waived only by a written instrument signed by
both the student and the student's parent. The waiver is valid if made:
(1) voluntarily; and
(2) with the knowledge of the:
(A) procedures available under this chapter; and
(B) consequences of the waiver. As added by P.L.1-2005, SEC.17.
IC 20-33-8-29 Special schools
Sec. 29. (a) As used in this section, "special school" includes the
following:
(1) A career and technical education school.
(2) A special education school or program.
(3) An alternative school or program.
(b) To the extent possible, this chapter applies to a special school.
(c) The governing body of a special school may make necessary
modifications to the responsibilities of school personnel under this
chapter to accommodate the administrative structure of a special
school.
(d) In addition to a disciplinary action imposed by a special
school, the principal of the school where a student is enrolled may
without additional procedures adopt a disciplinary action or decision
of a special school as a disciplinary action of the school corporation. As added by P.L.1-2005, SEC.17. Amended by P.L.234-2007,
SEC.119.
IC 20-33-8-30 Enrollment in another school corporation or charter school during
period of expulsion or proposed expulsion
Sec. 30. (a) This section applies to the following:
(1) A student who:
(A) is expelled from a school corporation or charter school
under this chapter; or
(B) withdraws from a school corporation or charter school
to avoid expulsion.
(2) A student who:
(A) is required to separate for disciplinary reasons from a
nonpublic school or a school in a state other than Indiana by
the administrative authority of the school; or
(B) withdraws from a nonpublic school or a school in a state
other than Indiana in order to avoid being required to
separate from the school for disciplinary reasons by the
administrative authority of the school.
(b) The student referred to in subsection (a) may enroll in another
school corporation or charter school during the period of the actual
or proposed expulsion or separation if:
(1) the student's parent informs the school corporation in which
the student seeks to enroll and also:
(A) in the case of a student withdrawing from a charter
school that is not a conversion charter school to avoid
expulsion, the conversion charter school; or
(B) in the case of a student withdrawing from a conversion
charter school to avoid expulsion:
(i) the conversion charter school; and
(ii) the school corporation that sponsored the conversion
charter school;
of the student's expulsion, separation, or withdrawal to avoid
expulsion or separation;
(2) the school corporation (and, in the case of a student
withdrawal described in subdivision (1)(A) or (1)(B), the
charter school) consents to the student's enrollment; and
(3) the student agrees to the terms and conditions of enrollment
established by the school corporation (or, in the case of a
student withdrawal described in subdivision (1)(A) or (1)(B),
the charter school or conversion charter school).
(c) If:
(1) a student's parent fails to inform the school corporation of
the expulsion or separation or withdrawal to avoid expulsion or
separation; or
(2) a student fails to follow the terms and conditions of
enrollment under subsection (b)(3);
the school corporation or charter school may withdraw consent and
prohibit the student's enrollment during the period of the actual or
proposed expulsion or separation.
(d) Before a consent is withdrawn under subsection (c) the student
must have an opportunity for an informal meeting before the
principal of the student's proposed school. At the informal meeting,
the student is entitled to:
(1) a written or an oral statement of the reasons for the
withdrawal of the consent;
(2) a summary of the evidence against the student; and
(3) an opportunity to explain the student's conduct.
(e) This section does not apply to a student who is expelled under
section 17 of this chapter. As added by P.L.1-2005, SEC.17.
IC 20-33-8-31 Effect of suspension or expulsion on compulsory attendance laws
Sec. 31. If a student is suspended or expelled from school or from
any educational function under this chapter, the student's absence
from school because of the suspension or expulsion is not a violation
of:
(1) IC 20-33-2; or
(2) any other statute relating to compulsory school attendance. As added by P.L.1-2005, SEC.17.
IC 20-33-8-32 Locker searches
Sec. 32. (a) A school corporation must provide each:
(1) student; and
(2) student's parent;
a copy of the rules of the governing body on searches of students'
lockers and locker contents.
(b) A student who uses a locker that is the property of a school
corporation is presumed to have no expectation of privacy in:
(1) that locker; or
(2) the locker's contents.
(c) In accordance with the rules of the governing body, a principal
may search:
(1) a student's locker; and
(2) the locker's contents;
at any time.
(d) A law enforcement agency having jurisdiction over the
geographic area having a school facility containing a student's locker
may:
(1) at the request of the school principal; and
(2) in accordance with rules of the governing body of the school
corporation;
assist a school administrator in searching a student's locker and the
locker's contents. As added by P.L.1-2005, SEC.17.
IC 20-33-8-33 Duty to submit information to bureau of motor vehicles
Sec. 33. Before February 1 and before October 1 of each year,
except when a hearing has been requested to determine financial
hardship under IC 9-24-2-1(a)(4), a principal shall submit to the
bureau of motor vehicles the pertinent information concerning an
individual's ineligibility under IC 9-24-2-1 to be issued a driver's
license or learner's permit, or concerning the invalidation of a license
or permit under IC 9-24-2-4. As added by P.L.1-2005, SEC.17. Amended by P.L.231-2005,
SEC.44.
IC 20-33-8-34 Disciplinary action for children with disabilities
Sec. 34. (a) Notwithstanding any other law, a suspension, an
expulsion, or another disciplinary action against a student who is a
child with a disability (as defined in IC 20-35-1-2) is subject to the:
(1) procedural requirements of 20 U.S.C. 1415; and
(2) rules adopted by the state board.
(b) The division of special education shall propose rules under
IC 20-35-2-1(b)(5) to the state board for adoption under IC 4-22-2
governing suspensions, expulsions, and other disciplinary action for
a student who is a child with a disability (as defined in IC 20-35-1-2). As added by P.L.1-2005, SEC.17.
